2006 Code of Virginia § 16.1-250 - Procedure for detention hearing

16.1-250. Procedure for detention hearing.

A. When a child has been taken into immediate custody and not released asprovided in 16.1-247 or 16.1-248.1, such child shall appear before ajudge on the next day on which the court sits within the county or citywherein the charge against the child is pending. In the event the court doesnot sit within the county or city on the following day, such child shallappear before a judge within a reasonable time, not to exceed 72 hours, afterhe has been taken into custody. If the 72-hour period expires on a Saturday,Sunday or other legal holiday, the 72 hours shall be extended to the next daywhich is not a Saturday, Sunday or legal holiday. In the event the court doesnot sit on the following day within the county or city wherein the chargeagainst the child is pending, the court may conduct the hearing in anothercounty or city, but only if two-way electronic video and audio communicationis available in the courthouse of the county or city wherein the charge ispending.

B. The appearance of the child, the attorney for the Commonwealth, theattorney for the child and the parent, guardian, legal custodian or otherperson standing in loco parentis may be by (i) personal appearance before thejudge or (ii) use of two-way electronic video and audio communication. Iftwo-way electronic video and audio communication is used, a judge mayexercise all powers conferred by law and all communications and proceedingsshall be conducted in the same manner as if the appearance were in person,and any documents filed may be transmitted by electronically transmittedfacsimile process. The facsimile may be served or executed by the officer orperson to whom sent, and returned in the same manner, and with the sameforce, effect, authority, and liability as an original document. Allsignatures thereon shall be treated as original signatures. Any two-wayelectronic video and audio communication system used for an appearance shallmeet the standards as set forth in subsection B of 19.2-3.1.

C. Notice of the detention hearing or any rehearing, either oral or written,stating the time, place and purpose of the hearing shall be given to theparent, guardian, legal custodian or other person standing in loco parentisif he can be found, to the child's attorney, to the child if 12 years of ageor older and to the attorney for the Commonwealth.

D. During the detention hearing, the parties shall be informed of the child'sright to remain silent with respect to any allegation of delinquency and ofthe contents of the petition. The attorney for the child and the attorney forthe Commonwealth shall be given the opportunity to be heard.

E. If the judge finds that there is not probable cause to believe that thechild committed the delinquent act alleged, the court shall order hisrelease. If the judge finds that there is probable cause to believe that thechild committed the delinquent act alleged but that the full-time detentionof a child who is alleged to be delinquent is not required, the court shallorder his release, and in so doing, the court may impose one or more of thefollowing conditions singly or in combination:

1. Place the child in the custody of a parent, guardian, legal custodian orother person standing in loco parentis under their supervision, or under thesupervision of an organization or individual agreeing to supervise him;

2. Place restrictions on the child's travel, association or place of abodeduring the period of his release;

3. Impose any other condition deemed reasonably necessary and consistent withthe criteria for detaining children specified in 16.1-248.1; or

4. Release the child on bail or recognizance in accordance with theprovisions of Chapter 9 ( 19.2-119 et seq.) of Title 19.2.

F. An order releasing a child on any of the conditions specified in thissection may, at any time, be amended to impose additional or differentconditions of release or to return the child who is alleged to be delinquentto custody for failure to conform to the conditions previously imposed.

G. All relevant and material evidence helpful in determining probable causeunder this section or the need for detention may be admitted by the courteven though not competent in a hearing on the petition.

H. If the child is not released and a parent, guardian, legal custodian orother person standing in loco parentis is not notified and does not appear ordoes not waive appearance at the hearing, upon the written request of suchperson stating that such person is willing and available to supervise thechild upon release from detention and to return the child to court for allscheduled proceedings on the pending charges, the court shall rehear thematter on the next day on which the court sits within the county or citywherein the charge against the child is pending. If the court does not sitwithin the county or city on the following day, such hearing shall be heldbefore a judge within a reasonable time, not to exceed 72 hours, after therequest.

I. In considering probable cause under this section, if the court deems itnecessary to summon witnesses to assist in such determination then thehearing may be continued and the child remain in detention, but in no eventlonger than three consecutive days, exclusive of Saturdays, Sundays, andlegal holidays.

(1977, c. 559; 1979, c. 338; 1985, c. 260; 1986, c. 542; 1988, c. 220; 1989,c. 549; 1992, c. 508; 1995, c. 451; 2004, c. 437; 2006, c. 89.)